• Posts Tagged ‘breach of contract’

    What’s a “Trolley Pub,” You Ask?

    by  • December 19, 2016 • trademark • 0 Comments

    I’m SO glad you did, because I can tell you all about the Trolley Pub® transport services – note the care with which I’ve used the term as a trademark, although I will dispense with any effort to use it in adjective-noun form from now on. The Trolley Pub is a pedal-powered street trolley...

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    So Many Ways to Lose

    by  • May 3, 2016 • trademark • 0 Comments

    The Trademark Blog tweeted CRYE v. DURO Would’ve liked to see discussion whether there can be protectable trade dress in a camoflage patternhttps://t.co/kF0jDU0gL8 — TrademarkBlog (@TrademarkBlog) April 30, 2016 Oh, but there are so many ways that the plaintiff was going to lose this lawsuit, and whether camouflage can have secondary meaning is so...

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    Infringement Without Confusion?

    by  • November 9, 2015 • copyright, trademark • 8 Comments

    It’s a simple case, but simple doesn’t mean you get to take shortcuts on the legal rationale. At the end of 1998 Ford and ThermoAnalytics entered into a License Agreement for RadTherm software for heat mapping. In the agreement, FGTI (Ford Global Technologies, Inc.) granted ThermoAnalytics an exclusive license to develop and commercialize “FGTI...

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    How to Write a Well-Pleaded Complaint

    by  • August 17, 2015 • trademark • 1 Comment

    The Lanham Act provides a federal cause of action for trademark registration and infringement, including for infringement of unregistered (so-called “common law”) trademarks. It is well-accepted, though, that the Lanham Act doesn’t preempt state law on the subject; all states* have laws providing for registration at the state level and an infringement cause of...

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    Who Owns the Pen Name?

    by  • April 19, 2013 • trademark • 0 Comments

    John Welch recently blogged about a case in the Southern District of New York where a trademark registration was cancelled for fraud. The case has an interesting twist, because the fundamental question really was: who owns a pen name? Plaintiff Melodrama Publishing, LLC and defendant Danielle Santiago entered into two contracts for Santiago to...

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    Waiting Too Long

    by  • February 8, 2013 • trademark • 0 Comments

    Medical Products Laboratories, Inc. v. Premier Dental Products Co. had the makings of a good tale about joint ownership of a trademark, but alas, it was decided on a statute of limitations basis rather than anything more substantive. Maybe we’ll see something later in the state court. Medical Products was a contract manufacturer for...

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